A.M. No.

09-6-1-SC, January 21, 2015 - RE: VIOLATION OF RULES ON NOTARIAL PRACTICE

EN BANC
A.M. No. 09-6-1-SC, January 21, 2015
RE: VIOLATION OF RULES ON NOTARIAL PRACTICE
DECISION
MENDOZA, J.:
This case stemmed from three (3) letter-complaints for Violation of Rules on Notarial Practice endorsed to the Office
of the Bar Confidant (OBC) for appropriate action. The first letter-complaint,1dated March 2, 2009, was filed by the
commissioned notaries public within and for the jurisdiction of Lingayen, Pangasinan, namely, Atty. Butch Cardinal
Torio, Atty. Nepthalie Pasiliao, Atty. Dominique Evangelista, and Atty. Elizabeth C. Tugade (complainants) before the
Executive Judge of the Regional Trial Court, Lingayen, Pangasinan (RTC-Lingayen) against Atty. Juan C. Siapno, Jr.
(Atty. Siapno) for notarizing documents without a commission.
In their letter, complainants alleged that Atty. Siapno was maintaining a notarial office along Alvear Street East,
Lingayen, Pangasinan, and was performing notarial acts and practices in Lingayen, Natividad and Dagupan City
without the requisite notarial commission. They asserted that Atty. Siapno was never commissioned as Notary Public
for and within the jurisdiction of Lingayen, Natividad and Dagupan City. Instead, he applied and was commissioned to
perform notarial functions by Executive Judge Anthony Sison of the RTC, San Carlos City, Pangasinan from March
22, 2007 to December 31, 2008. His notarial commission, however, was never renewed upon expiration.
Complainants presented evidence supporting their allegations such as the pictures of Atty. Siapnos law office in
Lingayen, Pangasinan; and documents to prove that Atty. Siapno performed acts of notarization in Lingayen,
Natividad and Dagupan City, to wit: (1) Addendum to Loan and Mortgage Agreement2 showing that the Promissory
Note was notarized before Atty. Siapno in Lingayen, Pangasinan in 2007; (2) Deed of Absolute Sale,3 dated January
24, 2008, notarized in Natividad, Pangasinan; (3) Joint Affidavit of Two Disinterested Persons Re: Given Name and
Date of Birth,4 dated January 6, 2009, notarized in Dagupan City; and (4) Acknowledgement of Debt,5 dated January
24, 2008, notarized in Dagupan City.
Complainants also averred that Atty. Siapno had delegated his notarial authority to his secretaries, Mina Bautista
(Bautista) and Mary Ann Arenas (Arenas), who wrote legal instruments and signed the documents on his behalf.
On March 17, 2009, the RTC-Lingayen forwarded the said letter-complaint to the Office of the Court Administrator
(OCA)6 which, in turn, indorsed the same to the OBC.
The second letter-complaint7 was filed by Audy B. Espelita (Espelita) against Atty. Pedro L. Santos (Atty. Santos). It
alleged that in 2008, Espelita lost his drivers license and he executed an affidavit of loss which was notarized by Atty.
Santos. The said affidavit, however, was denied for authentication when presented before the Notarial Section in
Manila because Atty. Santos was not commissioned to perform notarial commission within the City of Manila.
The third letter-complaint8 came from a concerned citizen reporting that a certain Atty. Evelyn who was holding office
at Room 402 Leyba Bldg., 381 Dasmarias Street, Sta. Cruz, Manila, had been notarizing and signing documents for
and on behalf of several lawyers.
In its Resolution,9 dated June 9, 2009, the Court directed the Executive Judge of the RTC-Lingayen to conduct a
formal investigation on the complaint against Atty. Siapno and Executive Judge Reynaldo G. Ros (Judge Ros) of the
RTC-Manila to conduct a formal investigation on the alleged violation of the Notarial Law by Atty. Santos, and the
illegal activities of a certain Atty. Evelyn, and thereafter, to submit a report and recommendation thereon.
Re: Complaint against Atty. Siapno
With regard to the complaint against Atty. Siapno, the Executive Judge conducted a hearing wherein the
complainants affirmed the allegations in their letter-complaint. For his part, Atty. Siapno denied the accusations and
averred that the law office in Lingayen, Pangasinan, was not his and that Bautista and Arenas were not his
secretaries.10
In her Report and Recommendation,11 the Executive Judge found that Atty. Siapno was issued a notarial commission
within the jurisdiction of Lingayen, Pangasinan, from January 20, 2003 to December 31, 2004 and February 8, 2005
to December 3, 2006. His commission, however, was cancelled on June 8, 2006 and he was not issued another
commission thereafter. The Executive Judge found Atty. Siapno to have violated the 2004 Rules on Notarial
Commission when he performed notarial functions without commission and recommended that he be fined in the
amount of Fifty Thousand Pesos (P50,000.00).
The Court agrees with the findings of the Executive Judge but not to the recommended penalty.
A review of the records and evidence presented by complainants shows that Atty. Siapno indeed maintained a law
office in Lingayen, Pangasinan, just beside the law office of one of the complainants, Atty. Elizabeth Tugade. It was
also proven that Atty. Siapno notarized several instruments with an expired notarial commission outside the territorial
jurisdiction of the commissioning court. Section 11, Rule III of the 2004 Rules on Notarial Practice provides
that:chanroblesvirtuallawlibrary

Jurisdiction and Term A person commissioned as notary public may perform notarial acts in any place within the
territorial jurisdiction of the commissioning court for a period of two (2) years commencing the first day of January of
the year in which the commissioning is made, unless earlier revoked or the notary public has resigned under these
Rules and the Rules of Court.
Under the rule, only persons who are commissioned as notary public may perform notarial acts within the territorial
jurisdiction of the court which granted the commission. Clearly, Atty. Siapno could not perform notarial functions in
Lingayen, Natividad and Dagupan City of the Province of Pangasinan since he was not commissioned in the said
places to perform such act.
Time and again, this Court has stressed that notarization is not an empty, meaningless and routine act. It is invested
with substantive public interest that only those who are qualified or authorized may act as notaries public.12 It must be
emphasized that the act of notarization by a notary public converts a private document into a public document making
that document admissible in evidence without further proof of authenticity. A notarial document is by law entitled to full
faith and credit upon its face, and for this reason, notaries public must observe with utmost care the basic
requirements in the performance of their duties.
By performing notarial acts without the necessary commission from the court, Atty. Siapno violated not only his oath
to obey the laws particularly the Rules on Notarial Practice but also Canons 1 and 7 of the Code of Professional
Responsibility which proscribes all lawyers from engaging in unlawful, dishonest, immoral or deceitful conduct and
directs them to uphold the integrity and dignity of the legal profession, at all times.13
In a plethora of cases, the Court has subjected lawyers to disciplinary action for notarizing documents outside their
territorial jurisdiction or with an expired commission. In the case of Nunga v. Viray,14 a lawyer was suspended by the
Court for three (3) years for notarizing an instrument without a commission. In Zoreta v. Simpliciano,15 the respondent
was likewise suspended from the practice of law for a period of two (2) years and was permanently barred from being
commissioned as a notary public for notarizing several documents after the expiration of his commission. In the more
recent case of Laquindanum v. Quintana,16 the Court suspended a lawyer for six (6) months and was disqualified
from being commissioned as notary public for a period of two (2) years because he notarized documents outside the
area of his commission, and with an expired commission.
Considering that Atty. Siapno has been proven to have performed notarial work in Ligayen, Natividad and Dagupan
City in the province of Pangasinan without the requisite commission, the Court finds the recommended penalty
insufficient. Instead, Atty. Siapno must be barred from being commissioned as notary public permanently and
suspended from the practice of law for a period of two (2) years.
Re: Complaints against Atty. Santos and Atty. Evelyn
In a letter,17 dated July 29, 2013, Judge Ros informed the Court that he could not have complied with the June 9,
2009 and August 4, 2009 orders of the Court because he was no longer the Executive Judge of the RTC-Manila at
that time. To date, no formal investigation has been conducted on the alleged violation of Atty. Santos and the
reported illegal activities of a certain Atty. Evelyn.
With respect to the complaints against Atty. Santos and a certain Atty. Evelyn, the Clerk of Court is ordered to REDOCKET the same as separate administrative cases.
The incumbent Executive Judge of the RTC-Manila, whether permanent or in acting capacity, is ordered to conduct a
formal investigation on the matter and to submit his Report and Recommendation within sixty (60) days from receipt
of copy of this decision.
WHEREFORE, respondent Atty. Juan C. Siapno, Jr. is hereby SUSPENDED from the practice of law for two (2) years
and BARRED PERMANENTLY from being commissioned as Notary Public, effective upon his receipt of a copy of this
decision.
Let copies of this decision be furnished all the courts of the land through the Office of the Court Administrator, the
Integrated Bar of the Philippines, the Office of the Bar Confidant, and be recorded in the personal files of the
respondent.
With respect to the complaints against Atty. Pedro L. Santos and a certain Atty. Evelyn, the Clerk of Court is ordered
to RE-DOCKET them as separate administrative cases. The Executive Judge of the Regional Trial Court, Manila, is
ordered to conduct a formal investigation on the matter and to submit his Report and Recommendation within sixty
(60) days from receipt of a copy of this decision.
SO ORDERED.
Sereno, (Chief Justice), Carpio, Velasco, Jr., Leonardo-De Castro, Peralta, Bersamin, Del Castillo, Villarama, Jr.,
Perez, Reyes, Perlas-Bernabe, Leonen, and Jardeleza, JJ., concur.
Brion, J., on official leave.
Endnotes: